29th February 2008. Legal changes make this a possibility. How will your systems cope?
On the 29th February 2008 the Immigration, Asylum and Nationality Act 2006 implemented
major changes regarding the obligations of employers for foreign nationals.
Whilst employers are now, as before, required to ensure that each of their employees possesses a legal right to work within the United Kingdom, a failure to comply with the new rules could now result in substantial fines and/or a criminal conviction.

The new penalty system?

The offence of employing a foreign national who does not have the right to work has been split into three sections:

• There is a system for civil penalties, where an employer can be fine up to £10,000 per
illegal worker s/he may employ;

• A criminal offence where an employer can face up to two years in prison where s/he
knowingly employs an illegal worker;

• There is a continuing responsibility placed on the employer of a foreign worker with time
limited immigration status to check their ongoing entitlement to work in the UK.

Is an employer provided with any defence against these penalties?

The short answer is – yes. The new rules not only incorporate new penalties but also a new
system which allows employers to defend themselves against prosecution. However, when you
think of the cost and disruption that an investigation and court appearances can cause to your business, as well as potential for loss of reputation, you will agree that prevention is better than cure.

Will I, as an employer, be caught by these rules?

Each and every employer’s situation is different. We have the expertise and resources to assess and deal appropriately with individual and corporate cases to provide you with an effective solution for your business.

In order to obtain a clear picture and to receive comprehensive advice as to your position, we strongly recommend that you contact us now:

Morgan Dias Immigration Consultants Ltd, Sovereign House, 4 Machon Bank, Sheffield, S7
1GP, Telephone Number 0114 2500665 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or visit our website at
www.morgandias.co.uk